Collins v. Leafey
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON FLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 58 January Term 1889, Sup. Ct.; court below, No. 749 December Term 1883, C. P. No. 3. On January 17, 1884, William Leafey, by his father and next friend, Lawrence Leafey, brought an action in case against Patrick Collins and others, trading as P. Collins & Sons, to recover damages for personal injuries alleged to have been caused by the negligence of the defendants. Issue.
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ERROR TO THE COURT OF COMMON FLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 58 January Term 1889, Sup. Ct.; court below, No. 749 December Term 1883, C. P. No. 3. On January 17, 1884, William Leafey, by his father and next friend, Lawrence Leafey, brought an action in case against Patrick Collins and others, trading as P. Collins & Sons, to recover damages for personal injuries alleged to have been caused by the negligence of the defendants. Issue. At the trial on May 29, 1888, in the plaintiff’s case in chief, his mother testified that her son, about two years and two months old, was sitting on the…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell :
The bill of exceptions contains the entire charge of the learned judge who presided at the trial, and a general exception on the part of the defendant. This was undoubtedly contrary to the rule of the court below, which requires that the several matters in the charge to which exception is taken, shall be distinctly stated before the jury shall have withdrawn, and that no general exception to the whole of the charge shall be *212allowed. This is a good rule. It tends to correct accidental errors in the statement of either the facts or the law, before they have had…
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